USA > Massachusetts > Norfolk County > Norwood > Norwood annual report 1911-1914 > Part 68
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On affidavitts submitted by John J. Linnehan and Dennis Hayes, Jr., against Patrolman Cornelius C. Murphy, charg- ing illegal taking of articles from the store of Michael Deeb. Acting Chief Walter A. Readel after a conference with the Board of Selectmen and Town Counsel, James A. Halloran, preferred charges against Patrolman Cornelius C. Murphy on which the Selectmen voted to suspend Patrolman Cornelius C. Murphy, subject to a request for a public hearing by him to which he was entitled to under civil service rules. Patrol- man Cornelius C. Murphy requested this hearing and it was held in Village Hall, June 10 and 11, 1914.
The Selectmen after considering the testimony on June 16, 1914, voted to discharge said Cornelius C. Murphy from the police force. Selectmen James A. Hartshorn and Alfred L. Atwood voting in the affirmative, and Daniel F. Slattery in the negative. At this same meeting it was unanimously voted that special officers John J. Linnehan and Dennis Hayes, Jr., also be dropped from the Police Department.
Cornelius C. Murphy appealed from the decision of the Selectmen to the Courts, and on July 9 and 10, 1914, the evidence was heard by his Honor, Judge Emery Grover of the District Court of Northern Norfolk, after hearing all the evidence and arguments of counsels, Daniel T. O'Connell for the defendant and J. J. McAnarney for the plaintiff, his Honor sustained the decision of the Selectmen.
At a meeting of the Board of Selectmen held on Dec. 14, 1914, it was unanimously voted that John J. Linnehan be reinstated as a special police officer of Norwood.
My relations with the Honorable Board of Selectmen have been most pleasant and I wish to thank them for the support and assistance rendered the department; also to thank
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all citizens who have in any way assisted the officers in their work, and I wish to express my appreciation to all members of the department who have by their efforts and deportment shown a desire to live up to their obligation and the rules of the department.
To his Honor, Judge Emery Grover, the Associate Judge Harrison A. Plympton, Clerk Clifford B. Sanborn and Pro- bation Officer Adolph F. A. Schultz of the Police Court, I wish to convey my thanks for kind assistance and hearty co- operation. In this I am expressing the thanks of the Police Department as well as my own.
Respectfully submitted,
WALTER A. READEL, Acting Chief of Police.
-
119
REPORT OF THE BOARD OF HEALTH.
To the Citizens of the Town of Norwood:
The Board of Health hereby submits its report for the period ending Dec. 31st, 1914 :
Exclusive of still births there have been ninety deaths during the year 1914. This is the same number as in 1913 and gives an actual rate of less than ten to the thousand as our death rate.
There were 211 cases of contagious diseases reported during the year.
During the past ten years the reports are as follows :
Diphtheria
Scarlet Fever
Measles
Typhoid Tuber- Fever culosis
Cerebro Spinal Menin- TOTAL gitis
1905
16
57
10
2
10
95
1906
3
36
179
5
5
1
229
1907
8
22
7
2
5
1
47
1908
12
18
10
6
9
0
55
1909
23
4
47
20
15
0
109
1910
15
4
53
2
13
1
88
1911
40
5
271
6
9
3
383
1912
12
8
26
1
17
0
72
1913
4
13
43
2
9
0
109
1914
19
18
118
3
14
1
211
At the March Town meeting, Dr. G. W. Derrick was elected to the Board, replacing Dr. C. H. Hallowell.
The Board organized by electing Fred E. Colburn as chairman for the year.
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Dr. C. H. Hallowell was appointed clerk health officer and agent for the year.
Dr. J. J. Mulvehill was recommended to the State De- partment of Health as Inspector of Slaughtering and his appointment followed.
Joseph Seigmund received the contract for removal of garbage and gave satisfactory bonds for the fulfilment of his contract.
Early in 1914 the Board procured an electric incubator for bacteriological diagnosis of disease.
The State Department of Health makes these examina- tions but cannot give as prompt decisions as are desirable in many cases.
Cultures sent in on Saturday for example are often not reported back before Monday afternoon or Tuesday morning, and the patient and physician are left in uncertainty in the interval.
By the use of this incubator, examinations are at any time made in from 12 to 20 hours, and the physicians of the Town have availed themselves of its use to a large extent.
There were several instances where persons were detected with diphtheritic germs in their throats with no evidence of actual illness.
Such persons are called "carriers" and are very dan- gerous to a community as they are frequently the cause of disastrous epidemics.
These cases were quarantined until all traces of the disease germs were removed.
Several additional duties were assumed during the year. A record of births in the Town is now required of the Board, and this record has been procured and completed for the years 1913 and 1914.
The inspection and licensing of dairy farmers and milk distributors is another duty imposed on the Board in 1914.
The dairies were inspected and scored late in the fall,
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and licenses were issued by the Board, valid until May 1st of the present year.
The number of reportable diseases was largely increased in October 1914 by action of the State Department of Health, so that the original list of 15 reportable contagious diseases named in 1907, and increased to 21 by later action of the State Board, is now raised to 33.
This will occasion considerably more bookkeeping on the part of the Board if the law is enforced.
There were 188 plumbing permits issued during the year, which is the same number as in 1913.
All bills that were presented up to Dec. 21st were paid with the exception of $22.86 due the City of Boston.
There will be refunded the Town the following sums from expenditures of 1914 :
The State Board of Charity,
$270.00
City of Somerville,
87.14
Norfolk County,
30.00
Total,
$387.14
For the ensuing year we ask for $100.00, salaries of Board; $100.00, secretary's salary ; $1,800.00, contagious disease expense; $2,000.00, garbage collection, plumbing in- spection, slaughtering inspection, care of Town dump, ex- penses and supplies, making a total of $4,000.00.
Respectfully submitted,
FRED E. COLBURN,
WILLIAM F. BAKER,
GEO. W. DERRICK, M.D.
122
REPORT OF THE CEMETERY COMMISSIONERS.
The Board of Cemetery Commissioners herewith present the following report for the year ending December 31, 1914 :
The care of lots and graves, maintenance and improve- ment of walks and avenues, construction of foundations, grad- ing and new lots has been carried on under the direction of Superintendent George A. Smith.
In the new section much work has been done during the. past year, on construction of avenues and walks, and prepar- ing of new lots.
The Cemetery Commissioners would recommend that an appropriation be made in order that this work may be con- tinued.
During the past year deposits for perpetual care of lots have been made, and the Cemetery Commissioners recommend all lot owners to consider the advantage of making deposits for this purpose.
F. W. TALBOT, EDWARD B. PENDERGAST,
Board of Cemetery Commissioners.
123
REPORT OF TOWN COUNSEL.
January 15th, 1915.
Selectmen of Norwood,
James A. Hartshorn, Chairman, Norwood, Mass.
Dear Sirs: I submit this, my sixth report as general counsel for the Town covering the period from February 1st, 1914 to December 31st, 1914 :
The routine work of my department which included ad- vice upon various matters requiring town action and the drafting of papers has been as considerable in volume and as interesting and important as in former years.
The service rendered is set forth in detail below under department headings through brief references to the matters given attention. It will appear from such summary of service that it included attention to action at the annual and special town meetings, attendance at meetings of the several boards, committees and officials of the Town, at hearings and at court ; Conferences with town officials and others dealing with town affairs total nearly two hundred and in addition there were over one hundred and seventy-five telephone conferences and upwards of a hundred letters written, many being for use by the town officials in their dealings with other parties.
Among the more important matters receiving attention, the following are worthy of special consideration :
New Highway between Norwood and Westwood.
In former reports the progress made towards the con- struction of this important way was described. During the year 1914 the work was completed and the way opened to travel. The Selectinen were required to pass upon many
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matters connected with the construction of this highway and were advised from time to time by this department as legal questions arose.
Following the completion of the work the cost of the same was taken up with the New York, New Haven and Hart- ford Railroad Company, which met the entire expense in the first instance, and this department assisted the Selectmen in dealing with this particular factor. Then the matter of the land damages was taken up and there is pending for adjust- ment the claim of Harriet A. Bird for additional damages resulting from the deprivation of the use of a well located on the land taken from her. At the same time consideration was given to the assessment of betterments as provided by the decree of the County Commissioners.
The Selectmen secured the services of a well-known and thoroughly qualified expert to advise and aid them in the work of determining and laying the betterments. Much time and consideration were given to this matter with the result that substantial amounts were assessed by way of betterments upon the lands bounding on the Westerly side of the highway. This department conferred with the engineering and legal departments of the Railroad Company, with the Selectmen and their expert and his assistant, gave attention to the preparation of figures, letters, orders, notices and all other papers required, and advised upon the questions involved in determining these betterment assessments. The Selectmen proceded with due regard for the interests of the Town as well as the individual owners of land and undertook to levy a true and legal assessment under competent advice.
Willard Dean Claim.
Land of Willard Dean on Pleasant Street adjacent to the Neponset River was taken by the Sewer Commissioners for its pumping station plant. Mr. Dean brought a petition in the Superior Court for Norfolk County to have his damages
125
determined by a jury as he did not agree with the Sewer Com- missioners on a sum which would be accepted in settlement out of court. The case came on for trial before Judge Irwin and a jury at the October term, and resulted in a settlement being reached during the trial on a compromise basis. This disposition of the suit was influenced by the presiding judge who counseled the parties to come to an agreement. While the Sewer Commissioners and this department were of the opinion that a verdict for less than $900, the sum paid, was to be expected from the evidence which the Town was pre- pared to present, yet it was felt that a liberal payment could be justified.
Officer Murphy Charges and Hearing.
The Selectmen were called upon to entertain and bring to a hearing charges preferred through Acting Chief Police Readel against Officer Cornelius C. Murphy of the police force. The officer in question was given a private hearing at his own request after an investigation was made by the Selectmen of the evidence which was offered to support the charges. He appeared with counsel and subsequently asked for and received the public hearing to which he was entitled under the civil service rules, having been placed under suspension from duty pending the hearing and determination of the charges.
By a majority vote it was voted to remove the officer from the police force and upon appeal to the District Court for Northern Norfolk, sitting at Dedham, the action of the Se- lectmen was sustained. This department conducted the pre- liminary examination of witnesses, attended the private and public hearings on the charges, advised your board on all phases of the matter, drafted all letters, orders and notices, and sought to safeguard the rights of the accused officer as well as the public, which the Selectmen represented in the performance of their duties under the statutes. A very con- siderable amount of time and attention were required.
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The position which the Town Counsel occupied at the public hearing precluded him in his opinion from prosecuting the case on review by the appellate tribunal, and your Board accordingly retained as special counsel for such purpose the prosecuting attorney at the public hearing.
As incidental to the removal of Officer Murphy and based upon the admissions of special police officers, Hayes and Lin- nehan made under oath at the hearings, your Board removed from duty these two officers. It is to be remembered that the action taken by your Board did not require such proof as would be necessary to establish guilt in a court of law and that your Board did not undertake to decide such an issue. It has been intimated that the Town Counsel was a deciding factor in this matter; such was not the fact, not only because it would be manifestly improper for him to so act, but also because your Board was entirely competent and willing to perform its duty and accept responsibility.
General Matters.
The eight suits brought against the Town by the parties who paid betterments assessed for the construction of Park Street to recover their payments were disposed of since the first of the present year by the entry in each one of a judg- ment for the Town without costs. These suits had been pend- ing in the District Court of Northern Norfolk for sometime, and certain preliminary questions as to the right of the parties to maintain these suits had been raised by the Town Counsel. It would have been of value to the Town for future action to have had these questions determined, but the agreement of the parties for the final disposition of these cases, without trial, in favor of the Town met with the approval of your Board and action was taken accordingly.
The petition of John Boabdallah against the Town for an assessment by a jury of his damages resulting from a tak- ing through his land for sewer purposes is still pending in
127
the Superior Court. The Sewer Commissioners were led to believe that a satisfactory settlement without a trial had been effected. It now appears that a trial must be had and prepara- tion for it has been made.
The purchase by the Town for school purposes of addi- tional land adjacent to the Winslow School property neces- sitated the search of title of the owners, Messrs. Winslow, Fisher, and others and attention to the papers necessary to transfer title. This matter received the considerable atten- tion which it required.
The claim of the Town against the Rufus Sumner estate is in a fair way to be paid in part in the near future as the administrator of the estate has sold the land which was the property of the estate and will pay to the Town the balance remaining after administration and sale expenses are paid.
No suits have been brought against the Town during the period covered by this report. This is a record which is worthy of comment when the size and activities of the Town are considered. The policy of dealing fairly, thoroughly and honestly with claims and the evident and praiseworthy de- sire of the citizens to avoid litigation has doubtless been the cause, to some extent, of this result.
Matters with respect to which advice was given or other service was rendered are summarized as follows :-
To the Selectmen, Overseers of Poor and Surveyors of Highways.
Annual and special town meeting warrants and motions for action at same-warrants and motions drafted: Pawn Brokers' license, Abadallah application; Berwick property damage on Walpole street, claim and settlement; release drafted ; action at town meeting re stone crusher ; new highway, entry for construction, tarvia finish, acceptance, land damages, cost of work and expense to Town and assessment of better- ment questions, order and notices prepared ; rights over person
128
aided, Boyden case ; Nahatan street widening questions, effect of error in notice to abutters, various questions arising as to decree and work on street considered and advised upon; con- veyance of Prospect street land, Folan, Trustee to Town-title examined and transfer given attention; notice to owners, law examined ; conveyance of land, Prospect street by heirs of Tyler Thayer to Town, title examined, deed prepared and transfer given attention; application of bylaw to Mr. Smith of Water Board re services as Town Engineer; dependent mothers statutes considered and advised as to action under same; oaths to legal papers taken ; permit to Dr. L. H. Plimp- ton for use of streets for private sewer system, law examined and opinion furnished; license to transport liquors, advised as to application and law examined ; also as to express permit; layout of Harding road through Smith land considered and advised upon and statutes examined, title searched, opinion rendered as to layout; jurisdiction over upper part of Winter street as a county way rewidening same; transfer to Town of title by Winslow, Fisher, et al, of land adjoining Winslow School, title, opinion and changes in deed discussed; Balduff claim re Kuld; drain questions re Town meeting action; Neponset River bridge changes and cost of same; Harding road layout amendment to record drafted, law examined re legality of proposed action at town meeting ; land damage pay- ments; right to sell at auction and license to auctioneer; obligations of Norwood, Canton and Sharon Street Railway Company as to contribution to bridge alterations expense and franchise examined and opinion furnished; appointment of constable for moving picture theatre and license requirements, statutes examined; form of release for damages paid under Nahatan street widening awards; conference State Police Department re moving picture houses license regulations ; Curran claim for damages from blasting operations on Na- hatan street investigated, conference with experts, advised as to article for town meeting warrant and as to liability and
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attention to settlement details, including drafting of release ; sale of town building to Cushing, settlement of claim ar- ranged and agreement drafted; warrant for state election; Casey street water problem, article for warrant prepared; Pleasant street widening claims considered and advised upon ; claim against Norfolk and Bristol Street Railway Company re street watering and franchise obligations under Norfolk Southern Street Railway Company, location considered and advice given and claim taken up for settlement; Mahoney complaint re Cross street drain and request for removal of dam considered; King claim re blasting operations at stone crusher plant considered; right to regulate speed of automo- biles on new highway, statutes examined re same; Bird claim for additional damages for taking well re new highway con- sidered and advice given; Kelley estate claim re Pleasant street widening, opinion furnished; refund of Silverman pay- ment account purchase price old Balch School building con- sidered; Corner House claim vs. Walpole re request of Wal- pole Selectmen; right to construct granolithic sidewalk on Washington street and assess part of cost on Ciciv Associa- tion; Officer Murphy charges, suspension, hearing and re- moval, advised re same, witnesses examined, drafted all orders and letters and advised on law and facts; report of Town Counsel; general matters.
To the Town Accountant.
Work on private property by Superintendent of Moth Department and payment therefor; use of appropriation for contemplated work of the department; articles in annual and special town meeting warrants and action under same; Hard- ing road layout questions; new street at cemetery questions ; new regulations for Water Department; layout for new street at cemetery, law examined and advised as to notice to unknown owners; letter from John Everett re tax title suit; Forbes water service application and situation re same;
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Selectmen's business matters ; financial matters; right to com- pel Norwood, Canton and Sharon Street Railway Company to pay part of cost of new bridge; Dean case questions; state election warrant; Norfolk and Bristol Street Railway Com- pany claim as to oiling on Walpole street; right to transfer sewer funds to meet bills; Berwick claim, account alleged water service trouble; right to new deed for cemetery lot, account loss of original ; right of Town to accept money gifts and appropriate town action; right of public to examine Selectmen's records; Shearer excess water service claim; Kelley estate land taking claim; stone crusher contract; form of bond of Surety Company re Town Treasurer; action pro- posed by Appropriation Committee as to renewal of maturing notes ; re change in vote as to use of sewer assessment funds as recommended; Nugent land restrictions as to right of way to cemetery property ; purchase of band-stand lot records and whether purchased for school purposes; variation between decree of County Commissioners and notice to abutters re Nahatan street widening; re opinion to Cemetery Commis- sioners as to work in old cemetery and as to application of bylaws; maintenance of town dump and use of Board of Health appropriation for same; duties of accountant and Selectmen as to approval of bills for payment. (Chapter 669, Acts of 1913).
To the Sewer Commissioners.
Permit to Dr. Plimpton for private sewer in town ways, conditions and bond re same; Boabdallah taking, questions relating to damages and trial of suit against Town and settle- ment of suit considered and advised upon; Dean suit against Town, prepared for trial, advised on all questions including settlement, conferences with witnesses, premises examined, attendance at court re trial and attention to settlement papers ; betterment assessments for main drain layouts; right to use receipts to pay certain bills; opinion furnished.
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To the School Committee.
Sale old Balch School building; opinion re school teach- ers' pay and services; opinion to superintendent re regula- tions governing salaries of school teachers and legality of existing rules ; opinion to superintendent re application of eight hour law to janitors of school buildings; opinion to superintendent re care of band-stand lot and responsibility for same; advice to superintendent re changes of rules as to teachers; also as to use of funds for grading Balch School grounds ; also as to eight hour law application to janitors.
To the Water Commissioners.
Advised the Superintendent as to Shearer claim re excess water bill; opinion furnished re same matter; opinion re Forbes water supply account letter from Engineer Johnson ; advised as to Forbes water supply questions and opinion ren- dered; Berwick claim re water service.
To the Electric Light Department.
Advised the Superintendent re assignment of wages of workmen.
To the Town Clerk.
Advice re form of ballot and procedure for special elec- tion on new town government act; advice re special town meeting warrants.
To the Collector of Taxes.
Attention to proof of claim Repzis bankruptcy; interest on taxes, when begins to run; taxes, whether Indians must pay ; Wiggin taxes and action to obtain payment, matter taken up with attorney for assignee.
To the Park Commissioners.
Attention to articles for special town meeting warrant.
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To the Town Treasurer.
Papers examined and advice given re People's Credit Company and Cashen assignment claim and obligations of Town.
To the Building Inspector.
Advised as to garage regulations of Massachusetts State Police and application to Norwood garages, conference with State Police Office re same; advised as to automobile repair shop rules and regulations and application to proposed struc- ture of G. M. Lepper.
To the Board of Health.
Form of advertisement for bids for swill and right to make yearly contract; advised re enforcement of plumbing regulations and action re extra plumbing installed.
To the Morrill Memorial Library Trustees.
Advised re rights and duties as to use of library build- ing, also as to provisions of trust deed.
To the Fence Viewers.
Advised re location of George street with reference to division line of Wallace property on Washington street and plans examined. Advised re duties and form of petition to fence viewers and same drafted.
To the Appropriation Committee.
Advised re Nahatan street widening decree and article in warrant relating to same; conference as to appropriation for legal department; advised secretary as to form of motions for action to be recommended under annual and special town meeting warrants; motions drafted; advised chairman as to action on renewal of maturing notes.
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To the Street Lay-out Bylaws Committee.
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